Attorney with Briskman Briskman & Greenberg Remarks on Insurer’s Suit to Avoid Defense in $25 Million Worker Death Case
Chicago, IL (Law Firm Newswire) February 17, 2014 – An insurance company is suing to avoid defending a worker death lawsuit.
The dispute arises from a wrongful death lawsuit filed by the family of a construction worker who was buried alive in a workplace accident. State National Insurance Company argues that it has no obligation to defend US-Sino Investment Incorporated, the construction company named as a defendant.
State National has filed a complaint in federal court, claiming that it owes no duty of indemnification to US-Sino or the owner, Richard Xin Liu. The 2012 accident killed Raul Zapata Mercado and led regulators to issue a suspension of the company's contractor’s license.
“Far too many workers are injured or killed on the job all across the country,” observed Robert Briskman, a Chicago work injury attorney. “In the case of a tragic death such as this one, a wrongful death lawsuit may be appropriate to bring some compensation to the family of the victim.”
In January 2012, a 12-foot-deep trench collapsed on Mercado at a Milpitas, California construction site after a three-week period of heavy rain. Mercado's family filed a wrongful death lawsuit against the company a year later, demanding $25 million, including an award of punitive damages.
In the current case, the insurer has pointed to several exclusions that deny coverage for injury claims by contractors or employees in its commercial liability policy with US-Sino.
Another lawsuit has been brought against US-Sino by the owner of the home where the accident took place, claiming that the company failed to resume work after the accident.
State National argues that its policy excludes coverage for both suits. In addition to the exclusion regarding employee actions, the insurer cited other similar clauses, including one for punitive damages.
The insurer also claims that the policy excludes claims arising from “subsidence,” which includes events such as earthquakes, landslides and other earth movements.
The lawsuit seeks court orders to establish that the two lawsuits do not give rise to an indemnity obligation from State National. The insurer is also seeking reimbursement for costs already incurred while defending the construction company in the litigation.
Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Facebook: Like Us!
Google+ Contact a Chicago personal injury attorney from Briskman Briskman & Greenberg on Google+.
- Personal Injury Claim Cites FitBit Data
Wearable devices that track the movements of users to help them with personal fitness goals can also produce evidence that can be used in personal injury lawsuits. The first known case to use data from the popular FitBit device is now underway. The plaintiff in the personal injury claim was injured four years ago, before ...
- What You May Not Know About Drowsy Driving
When comedian Tracy Morgan was hit and severely injured by a fatigued truck driver, drowsy driving issues were pressed into a spotlight. Driver fatigue usually does not receive as much attention as drunk driving, but it can be just as dangerous. Here is what you need to know. It is more prevalent than you may ...
- Birth injury lawsuit filed for forty million USD
The family of a boy with cerebral palsy have filed a $40 million birth injury lawsuit, claiming that their son’s disorder was caused by medical malpractice. The parents of Maverick Ramseyer, now age six, filed the suit against Silverton Hospital in Oregon. The boy’s movements and coordination are hindered by the neurological disorder. He needs ...
- Appeals court affirms 20.6 million USD award in birth injury lawsuit
An appeals court upheld an award of $20.6 million to the family of a boy who now suffers from cerebral palsy due to a birth injury. The family had been awarded $21 million by a jury in Baltimore City Circuit Court, but that was reduced to $20.6 million because of Maryland’s cap on non-economic damages. ...
- Illinois construction engineer, pinned under crane, suffers severe injuries
A construction engineer was severely injured working in Elgin, Illinois on a bridge over the Fox River. A component fell from a crane and injured Rudolf Das on Monday, December 1, 2014 underneath the Interstate 90 bridge at Duncan Avenue. Das is a 51-year-old employee of K&S Engineers from Naperville, Illinois. According to his wife, ...